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Home My WebLink AboutBOA # 5024 Doc: 1 , 527 , 7 i7c:7$-04-'2025 12 : 6 sekte • . 1.* TOWN OF YARMOUTH tO BOARD OF APPEALS RECEIVED DECISION r MAR 1 2 2026 .22 . BUILDING DEPARTMENT By -- ----- FILED WITH TOWN CLERK: July 14, 2025 PETITION NO: 5024 HEARING DATE: June 26,2025 PETITIONER AND PROPERTY OWNER: Wakeby Development, Inc. PROPERTY: 184 South Sea Avenue,Unit I, Welt T.m;;;utn, Map 17,Parcel 136.C1 Zoning District: R-25 Document: 141111.1,..1 Certificate of Title: C94-I MEMBERS PRESENT AND VOTINC: Chn1..1 .3 Sean Igoe,Jay Frat --in Man;-rii, and Barbara Murphy Notice of the hearing has been given by sending riztizz 3 the Petit;:-- r those owners of property as required by law, and LC the pJuie post..g klOUCC aft publishing in The Cape Cod Times, the healing he .: an the dz. The original Petition in this matter was filed on Mai Ln 27, 2023, :esulting cif,clal, and following litigation in the Land Court, the matter 1.kz..2 !e..-nandet.: :32.ck c 1- 2NI Appeals(the"Board")by stipulation for further corxid:A4601) , issued by the Land Court,Barnstable Case No. Petitioner,Wakeby Development,Inc. (the"Petitioner") is requesting a Sp 9nit undo §104.3.2(2)and*104.3.2(4)1 of the Zoning Bylaw to raze and taceanf. conforming single-family residence with a pc koi,, 2 L. ing District,at 184 South Sea Avenue, Unit 1, Map 17 ,2art.e: 136-L The Yarmouth Zoning Board of Appeals issues this Decision pl_Livant to -,3:10.1"-S Of: Massachusetts General Laws Chapter 40A, § 9 and the Town c annc §I 74- 17.1, interpreted in accordance with the find:rigs of duct Land Cc as •. referenced Order. I The Petitioner also sought a variance, which application was not no-,ssary un ie and accordingly, was withdrawn without prejudice at ine moots:, at the Pet, rter au o r An, A the Zoning Board of Appeals within the confines of the remano t roeecuings. ArJE copy Ayr EsT IT71.44hbidt, CLERK 15 Doc: 1, 527 ,766 08- 04-20 : F-. ge 2 ot A Public Hearing was held on the Petition at the Yarmouth Town Hall on T r 2025 at which time the following members of the Zoning Board present;Chairman,Sean Igoe and Board Members, Jay Fraprie. J-)hn Ma.nt- Murphy. Chairman Igoe opened the meeting and heard testimony from the P....tor '3'y Christopher Kirrane,who spoke on behalf of the Petitioner in favjr of the s .`t.le( al - Permit to allow for the raze and replace of the housa on I/1>4 Sc..;-11 3ea 2)..v. Board was represented by Stephen J. Chaplin, Esq. -,-,114,i.ad, Tiar1J - also present at the hearing. Attorney Kirrane stated that the original petition had beenbcei der . . th.t. 3 _at appealed to the Land Court. Pursuant to discussions L..tvi,..-en th lc through Town Counsel,the applicant rnadu.. a sign'ficant . , „ne full basement and converting it to a crawl space except for a srra . area 4,;., :a- sal systems.The parties agreed to remand the matter to the Board turtlici . y Kirrane stated for the record his reasons .4,1-,j the B.na:t! snot.:d _ project. He stated that the proposed new dwelling wit, baa but—, coLe c. that will not intensify any of the existing non-conforrnitie:„ a.; a WI,. .ay „ existing structure, and moreover, has been approved 1:1.„/ the Cot increase the number of bedrooms,and will be consistent ttith t.- . ; CS in the neighborhood. The proposed new sa acture waLiizi" ex . in disrepair)and will preserve the existing saucturi.. Lr.isue ‘4iih one of approximately 32 standalone condocthnium o,i an . Mr. Igoe stated that he believed the project met the c_ cria oft.. _ be substantially more detrimental to the neighborho,_. _ questions. All members agreed that the project was a sig:, conditions and would not be more detrimental to the aeighborh.; . One member of the public spoke out against the proec a Zee i increasing square footage signals an intensiicatioa th use. comment,finding that by retaining the start-. auuib. , _ footprint, and constructing a crawlspace ia lieu of a L.:I he ecA addressed. There were no more questions from the Ed or au SPECIAL PERMIT CRITERIA §104.3.2—Change,Extension or Alteration (2) Except as provided in paragraph I above, such sing„,:,:amii their accessory structures may be altered, extended Permit from the Board of Appeals, if it is determined that such .,,,, eration, replacement will not be substantially more detrimental to the nf non-conforming structure. A TRuE copg.wcy- CMC TO CLERK AS Doc: 1 ,527 7 3 of 5 (4)Except as provided herein, other lawfully pre-existing non-c or extended only upon Special Permit from ,he Boar change or extension will not be substantially more nc.ii-i,nrilom. and more detrimental to the neighborhood,zoning distra,'„ 01 is .. conforming use. SPECIAL PERMIT FINDINGS Upon review and consideration of the teztimcny finds and determines that the front yard setback is a lawful pre- 4ig the presence of multiple dwellings on one ic t is a pr.,structure is is 25.8' from South:ilea Avenue were cre condominium units on the one 11.36 acre pnrcel, of the same via the Town's Zoning Eylu,v The Board further finds and de:enTiines the !a-_,t. L. - `L. substantially more detrimental io the rit.-Igi„borhood and nonconforming use. The proposal will cunstituL;, structure is similar in size and character in other sik Lctu . in II 4- s: of the same number of bedrooms as the existing stria.tare, The . - structure,based upon the plans subrriitten the E '1 Le i . and Town statutes,regulations, bylaws. anti ,:odes e .xui . , otherwise herein, complies with the dirner.s:o.-Ial _ provisions of the Zoning Bylaw. The existing septic Stj (although such matters are within the jurisdiction of the 3oard excuse compliance or failure to apply for 1.z.ziuired thin jurisdiction). The existing front yard non-czrZormit i . o: conformities are being created. The proposal was a:3'j 4;_;-oveL. Association for the subject property. Fir.ay. there is not substantially more detrimental than what can e_nly ai‘ists, conformities being created. In view of the foregoing, the iloard t1LILtd, b, = meets the criteria for a Special PCITilik. Up0:'. a mot . ,-L„" - Hearing on Thursday,June 26, 2025, 1.1-.41; -it.'a Special Permit to Wakeby Development, he. under , , j _ Zoning Bylaw to raze and replace an existing non-conform le , structure on property located i. an R-2! 17 Parcel 136-C1, West Yarmouth, MA, s,._„:).je.c:. ..o ,r. Amw. referenced and the conditions stated inunedi,aely 1. Site Plan-Plot Plan Showing Proposed , 4; Massachusetts Scale. i Canal Land Surveyir4 and Pin,...11, - , 02562. ppy tnUigfiaLe)i= !WC/ 175 Doc . - .527 2 I. ....i 4 of 5 2. Building Plans - 184 South Sea Ave, Yam. . ' 1 A Associates, Architects, 9 Skeclleccr,,,t W„y, Al Dated 3-6-2023; Revised 4-3-20:4; Rev: , - 10-2, Rc, 3. Approval shall be conditioned on al: Town I., including but not limit,d Le tie Co...etNatt ;„ Building Commissior. No permit shall issue until 1::: .-2ay.., do.-:,-. tl.',- fi:',rtg from this decision shall be niLit .)a..-L .n. days after filing of this notit...,,,-,,ecisic,ii ‘4.1,. uie-,../A the Special Permit shall lapse if a substant.- use bylaw §103.2.5, MGL c40A§9) Sean Igoe,Chairman CERTIFICATION OF TOWN CLERK I, Mary A. Maslowski,Town Clerk,Town of Yamto.,, n, d i her ,ei. elapsed since the filing with me of the above Board,.:z Appeals ish, appeal of said decision has been filed with me, or, ii sue appec: s b--;;;-• .L dismissed or denied.All appeals have been exhausted. WAteta.X11.4,1(.40-441` Mary A. Maslowski, CMMC, CMC AUG - li 2025 T... , Doc: 1,527 , 76-5 Of - 4- 5 of fig6f 1r44.L COMMONWEALTH OF MASSAC TOWN OF YAP, BOARD OF APPF:2'...LS ,b4 es Petition#: 5024 Date: August 4, Cert,ifica!e of Graittinft ci aF11,-cir,. (Genera! Laws r'hapter en ) The Board of Appeals of the Town of Yart-do—h1,;a:,sz.eh., Lterek> rt has been granted to: 1)#1`,..,t! • ; Affecting the rights of the owner with respe— 3; Yarmouth, MA; Map 17, Parcel 136.C1; Zoning Distric. Dc ster Tqle: C94-1 and the said Board of Appeal:: futtliei omit tip: ct ec,oy of its decision granting said Special Perini., 3: e decision,have been filed. The Board of Appeals also calls to the attention of thz • Section 11 (last paragraph)and Section 13.pcv im. no. renewal thereof, shall take effect until a c,op., .1.4 . .1. that twenty(20)days have elapsed after the decision has been flP,-.1 the c - appeal has been filed or that, if such appeal has been filed,that ith4_, Jed. Registry of Deeds for the county and district ix ch the :, -Al L11,,er the name of the owner of record or is recorded zinc notcA. 31. me. recording or registering shall be paid by the Jwae. 31 applcs Sean Igoe, Chairman 1. 644 JOHN F. MEADE, ASSISTANT RECORDER BARNSTABLE REGISTRY LAND COURT DISTRICT RECEIVED 6 RECORDED ELECTRONICALLY